RAMABHAI NATHABHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants have challenged the judgement and order dated 19th January 1995 of the learned Additional Sessions Judge, Nadiad in Sessions Case No. 256 of 1993 convicting the appellants for the offence under section 302 read with section 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life.

(2.) According to the prosecution, on 29th July 1993, after the informant Poonambhai had returned to his house from the field and changed his dress, his younger son Udesinh came there running at about 7.30 p.m. and told him that Mangalbhai (who was the elder brother of Poonambhai) was beaten while he was on his way home from the field by these three accused persons. Mangalbhai was the uncle of these three accused persons. According to the prosecution, Mangalbhai was not returning the dues of these three accused persons and was seeking time and there were also disputes regarding land between the parties which resulted in this crime being committed by the accused. After being informed about the incident, Poonambhai and Mangalbhai's son Ramabhai went to the spot and found Mangalbhai lying there with injuries. Injured Mangalbhai told them that these three accused persons had assaulted him. Udesinh who was the eye witness had seen these accused persons with dharia and spades assaulting his uncle from behind a nearby bush. According to the prosecution, witness Kalubhai had also seen these accused persons causing injuries to Mangalbhai with these weapons.

(3.) On the basis of the material on record, the trial Court came to the conclusion that it was established beyond any reasonable doubt that the accused persons had caused injuries to deceased Mangalbhai by means of dharia and spades which they were carrying and the injuries caused on the chest of Mangalbhai were sufficient in ordinary course of nature to cause death as per the medical evidence.